Parham v. Steemers et al

Filing 54

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/25/2012 ORDERING 53 Defendant's Motion Hearing Reset for 6/27/2012 at 10:00 AM in Courtroom 26 (CKD) before Magistrate Judge Carolyn K. Delaney. Plaintiff to file an opposition, if any, or statement of non-opposition by 6/13/2012, reply, if any, shall be filed no later than 6/20/2012. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LATASHA PARHAM,

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Plaintiff,

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No. 2:11-cv-1475 CKD PS

vs.

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PHILIP STEEMERS, et al.

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Defendants.

ORDER
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/

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Defendants’ motion to dismiss is presently noticed for hearing on the June 6, 2012

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law and motion calendar of the undersigned.1 Opposition to a motion, or a statement of non-

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opposition thereto, must be filed fourteen (14) days preceding the noticed hearing date. E.D. Cal.

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L.R. 230(c). Court records reflect that plaintiff failed to timely file opposition or a statement of

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non-opposition to the motion.

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Failure to comply with the Local Rules “may be grounds for imposition by the

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Court of any and all sanctions authorized by statute or Rule or within the inherent power of the

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Court.” E.D. Cal. L.R. 110; see Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). Additionally,

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“[n]o party will be entitled to be heard in opposition to a motion at oral arguments if written

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All parties have consented to the jurisdiction of the undersigned pursuant to 28 U.S.C. §
636(c)(1). (Dkt. Nos. 11, 48.) On March 21, 2012, the matter was referred to the undersigned
for all further proceedings and entry of final judgment. (Dkt. No. 51.)

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opposition to the motion has not been timely filed.” E.D. Cal. L.R. 230(c). Pro se litigants are

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bound by the rules of procedure, even though pleadings are liberally construed in their favor.

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King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987); Jacobsen v. Filler, 790 F.2d 1362, 1364-65

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(9th Cir. 1986). The Local Rules specifically provide that cases of persons appearing in propria

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persona who fail to comply with the Federal and Local Rules are subject to dismissal, judgment

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by default, and other appropriate sanctions. E.D. Cal. L.R. 183.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The hearing date of June 6, 2012 is vacated. Hearing on defendants’ motion is

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continued to June 27, 2012 at 10:00 a.m. in courtroom no. 26.

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2. Plaintiff is directed to file opposition, if any, to the motion, or a statement of

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non-opposition thereto, no later than June 13, 2012. Failure to file opposition and appear at

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hearing, or to file a statement of non-opposition, will be deemed a statement of non-opposition,

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and shall result in dismissal of the action.

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3. Reply, if any, shall be filed no later than June 20, 2012.

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Dated: May 25, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Parham.1475.mtd2.noop.wpd

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